Lien laws

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AL - Lien, vet - § 35-11-390. Lien declared This Alabama section relates to veterinary liens. The law states that every licensed veterinarian has a lien on every animal kept, fed, treated or surgically treated or operated on by him or her while in his or her custody and under contract with the owner of such animal. This lien is for payment of the veterinarian's charges for keeping, feeding, treating or surgically treating or operating on such animal, and the vet has the right to retain such animal until said charges are paid.
AR - Lien - § 18-48-212. Sale proceeds and payments All sales of livestock at public auction shall be for cash. The proceeds of the sale, after payments underlying debts, if any, shall, if the owners are absent or unknown, be deposited with the treasurer of the county where the sale takes place. These net proceeds shall be paid to the persons entitled to them when they properly establish ownership in, or lien upon, the livestock, either by claim of title or by claim of valid lien.
CA - Abandonment - § 597f. Failure to care for animals; duty of peace or humane officers; (Repealed in 2022). Every owner of any animal, who permits the animal to be without proper care and attention, shall, on conviction, be deemed guilty of a misdemeanor. It shall be the duty of any peace officer, officer of the humane society, or officer of a pound or animal regulation department of a public agency, to take possession of the animal so abandoned or neglected and care for the animal until it is redeemed by the owner. Every sick, disabled, infirm, or crippled animal, except a dog or cat, may, if after due search no owner can be found therefor, be killed by the officer. all injured cats and dogs found without their owners in a public place directly to a veterinarian known by the officer or agency to be a veterinarian that ordinarily treats dogs and cats for a determination of whether the animal shall be immediately and humanely destroyed or shall be hospitalized under proper care and given emergency treatment.
CA - Lien, veterinary - Chapter 6. Other Liens. These California laws concern possessory liens for services, which includes veterinary proprietors and veterinary surgeons. Under Section 3051, a person who is in lawful possession of an article of person property and renders service or safekeeping to the owner has a lien on that property for compensation due. The section then specifically states that, ". . . veterinary proprietors and veterinary surgeons shall have a lien dependent on possession, for their compensation in caring for, boarding, feeding, and medical treatment of animals." The companion section states that the person holding the lien under Section 3051, if not paid the amount due within 10 days, may sell such property at public auction by giving at least 10 days notice.
CO - Lien, veterinary - Part 1. Lien on Personal Property. These Colorado laws concern liens on pet animals for persons who are entrusted with caring for the animals. Under 38-20-102, any feeder, veterinarian, or other person entrusted with the pet for feeding, keeping, boarding, or medical shall have a lien for the amount of costs incurred in the care of the animal. Any contracts (or copies thereof) made by the owner of the pet animal with the person caring for the animals may be filed with the county clerk where the owner resides (or where the contract was made for non-residents). The filing of this contract constitutes notice to the contents of the contract and the legal effect of the filing.
CT - Lien, care - § 49-70. Lien on animals for their keep. Transfer of abandoned animals This Connecticut law provides that when a special agreement has been made between the owner of any animals and a person keeping/taking care of such animals for a price, those animals are subject to a lien in favor of the person keeping the animals. The person keeping those animals may detain the animals until the debt is paid. If the debt is not paid with 30 days after it becomes due, the keeper may sell the animals at public auction after he or she gives written notice to the owner of the time and place at least six days before the sale. Additionally, a commercial boarding kennel or veterinary hospital may transfer abandoned animals to a nonprofit animal rescue or adoption organization. An animal is considered abandoned if the owner or keeper of such animal fails to retrieve the animal within five days of the date on which such owner or keeper was scheduled to retrieve the animal. Written notice notice sent certified, return-receipt requested must first be sent to the owner with a ten-day waiting period before the transfer can occur.
FL - Liens - 713.65. Liens for care and maintenance of animals These Florida laws concern liens for the care and maintenance of animals. The first section declares that the liens mentioned in the chapter include the described personal property under the circumstances mentioned in each section. Section 713.65 then describes that a lien exists in favor of all persons for the "feeding or caring for the horse or other animal of another, including all keepers of livery, sale or feed or feed stables, for feeding or taking care of any horse or other animal put in their charge; upon such horse or other animal." Based on the broad language of "other animal," a lien exists for the care and feeding of all owned animals.
FL - Liens, veterinary - 713.655. Liens for professional services of veterinarians This section comprises Florida's veterinary lien law. A lien exists in favor of any veterinarian who renders professional services to an animal at the request of the owner of the animal, the owner's agent, or a bailee, lessee, or custodian of the animal, for the unpaid portion of the fees for such professional services. The lien remains valid and enforceable for a period of 1 year from the date the professional services were rendered, and such lien is to be enforced in the manner provided for the enforcement of other liens on personal property in this state.
GA - Liens, veterinary - Article 8. Liens. Part 9. Veterinarians and Boarders of Animals. This section of Georgia laws deals with veterinary liens. Every licensed veterinarian in Georgia has a lien on each animal or pet treated, boarded, or cared for by him or her while in his or her custody and under contract with the owner of the animal or pet for the payment of charges for the treatment, board, or care of the animal or pet. The veterinarian has the right to retain the animal or pet until the charges are paid. There is a ten-day hold period after demand for payment (made in person or by registered or certified mail) until the pet is deemed abandoned and may be disposed of by the veterinary facility.
Gomez v. Innocent Josh Gomez took his dog, Pilot, to Pet First Animal Hospital because Pilot was lethargic and throwing up. Gary Innocent, the veterinarian, diagnosed Pilot with parvo virus that could have killed him if left untreated. Innocent gave Gomez an estimate of $1,453.25 for the dog’s care. The animal hospital required full payment up front, but Gomez could not afford to pay so Innocent accepted $400 for one night’s care. Gomez left the dog for the night and called the following day. He was informed that he owed an additional $751.25. Gomez paid the $751.25 on the following day. Upon picking up Pilot from the animal hospital he was informed that he owed an additional $484.80. Gomez could not pay the $484.80 so Innocent asked Gomez to leave Pilot at the animal hospital until the bill was paid. Gomez obliged and left Pilot there. After Pilot was at the animal hospital for 20 days, a good Samaritan paid the dog’s accrued bill of $972. Gomez sued, alleging that Innocent and PetFirst breached their contract by refusing to return the dog after he paid the amounts agreed to, but before he paid “additional sums not agreed to by the parties in their initial contract.” The trial court granted summary judgment in favor of Innocent and PetFirst. This appeal followed. Gomez claimed that the trial court erred in granting summary judgment because genuine issues of material fact existed as to the validity of the veterinary lien statute. The Court stated that Innocent was a licensed veterinarian who, at Gomez’s request, treated Gomez’s dog. Gomez signed a treatment authorization form and was informed that all professional fees were due at the time services were rendered. A detailed written estimate of the expected treatments and costs was given to Gomez which stated that the total final bill could vary from the estimate. Gomez did not present any evidence creating an issue of material fact as to the accuracy or validity of any of the charges on the itemized bill that Innocent produced. Innocent met his burden by showing that he acted properly in relying on the veterinary lien statute to retain the dog when Gomez failed to pay. The Court affirmed the trial court’s judgment.

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